Nebraska Revised Statutes
Neb. Rev. Stat. § 48-112 (2026)
Elective compensation; presumption
✓ current as of July 2026
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In the occupations described in section 48-106, all contracts of employment shall be presumed to have been made with reference and subject to the Nebraska Workers' Compensation Act. Every such employer and every employee is presumed to accept and come under such sections.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1932–2022 · leading case: Bennett v. Saint Elizabeth Health Sys., 729 N.W.2d 80 (Neb. 2007).
Bennett v. Saint Elizabeth Health Sys., 729 N.W.2d 80 (Neb. 2007). “Section 48-112 provides that “all- contracts of employment shall be presumed to.”
Muller v. Tri-State Ins. Co. of Minnesota, 560 N.W.2d 130 (Neb. 1997). “That statute reads, in relevant part: Such agreement or the election provided for in section 48-112 [which provides, so far as is relevant here, that every employer and every employee "is presumed to accept and come under" the act] shall be a surrender by the parties thereto of…”
Ihm v. Crawford & Co., 580 N.W.2d 115 (Neb. 1998). “§ 48-110 (Reissue 1993) provides in part: When employer and employee shall by agreement, express or implied, or otherwise as provided in section 48-112 accept the provisions of the Nebraska Workers’ Compensation Act, compensation shall be made for personal injuries to or for the…”
Pettigrew v. Home Ins. Co., 214 N.W.2d 920 (Neb. 1974). “1943, which reads as follows: “Such agreement or the election provided for in section 48-112 shall be a surrender by the parties thereto of their rights to any other method, form or amount of compensation or determination thereof than as provided in sections 48-109 to 48-147,…”
Dutcher v. Nebraska Dept. of Corr. Servs., 979 N.W.2d 245 (Neb. 2022). “” 22 This court has long held that there is no intentional tort exception to the Nebraska Workers’ Compensation Act. 23 Section 48-110 states that when an employer and employee accept the provisions of the Nebraska Workers’ Compensation Act, by express or implied agreement or as…”
Bohy v. Pfister Hybrid Co., 138 N.W.2d 23 (Neb. 1965). “1943, an employer cannot escape liability under the Workmen’s Compensation Act by the use of a written contract of employment in which an employee, who would otherwise be covered by the act, is recited to be something other than an employee.”
Imus v. Bead Mountain Ranch, Inc., 160 N.W.2d 171 (Neb. 1968). “oyees' election to be bound by sections 48-109 to 48-147, to all intents and purposes as if they had not been specifically excluded by the terms of this section; Provided, that any employee of such employer shall have the right, prior to the accident sustained by him, to elect…”
Smith v. Fall, 241 N.W. 560 (Neb. 1932). “The application of section 48-112, Comp. St. 1929, is indispensable to the sustaining of the position of defendant.”
Patton v. Robarge Constr. Co. (Neb. Ct. App. 2014). “Neb. Rev. Stat. § 48-112 (Reissue 2010) provides, “In the occupations described in section 48-106, all contracts of employment shall be presumed to have been made with reference and subject to the Nebraska Workers’ Compensation Act.”
Miranda v. Classic Concepts Constr., LLC (D. Neb. 2021). “Such agreement or the election provided for in section 48-112 shall be a surrender by the parties thereto of their rights to any other method, form, or amount of compensation or determination thereof than as provided in the Nebraska Workers' Compensation Act, and an acceptance…”
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